JOINT LEGISLATIVE FISCAL COMMITTEE Legislative Office Building, Rooms 210-211 Concord, NH Friday, February 14, 2020
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JOINT LEGISLATIVE FISCAL COMMITTEE Legislative Office Building, Rooms 210-211 Concord, NH Friday, February 14, 2020 MEMBERS PRESENT: Rep. Mary Jane Wallner, Chair Rep. Ken Weyler Rep. Susan Ford Rep. Lynne Ober Rep. Peter Leishman Rep. David Huot (Alt.) Rep. Erin Hennessy (Alt.) Rep. Patricia Lovejoy (Alt.) Sen. Lou D'Allesandro Sen. President Donna Soucy Sen. Chuck Morse Sen. Jay Kahn Sen. Cindy Rosenwald (The meeting convened at 10:03 a.m.) (1) Acceptance of Minutes of the January 10, 2020 meeting. MARY JANE WALLNER, State Representative, Merrimack County, District #10: Bring the Fiscal Committee to order for our February 14th - Happy Valentine's Day - meeting. And I will start with -- the first item on our agenda is the acceptance of the minutes of January 10th. Do I have a motion? ** LOU D'ALLESANDRO, State Senator, Senate District #20: So move. SUSAN FORD, State Representative, Grafton County, District #03: Second. CHAIRWOMAN WALLNER: Senator D'Allesandro moved and Representative Ford seconds the acceptance of the minutes. Any discussion of the minutes, any corrections, or changes? Seeing 2 none. All in favor of accepting the minutes? Any opposed? Minutes are passed. *** {MOTION ADOPTED} (2) Old Business: CHAIRWOMAN WALLNER: We have one item that is on the table. Does anyone want to remove that? I think actually the Department wanted it left on the table at this point. So seeing no motion to remove it, we'll leave it on the table. (3) RSA 9:16-c, I, Transfer of Federal Grant Funds: CHAIRWOMAN WALLNER: Moving on to Tab 3. This is the Department of Military Affairs, a federal grant. Do I have a motion? ** LYNNE OBER, State Representative, Hillsborough County, District #37: Move to approve. SEN. D'ALLESANDRO: Second. CHAIRWOMAN WALLNER: Representative Ober moves to approve and Senator D'Allesandro seconds. Any discussion of this item or questions? Seeing none. All in favor? Opposed? Motion passes. *** {MOTION ADOPTED} (4) RSA 14:30-a, VI Fiscal Committee Approval Required for Acceptance and Expenditure of Funds Over $100,000 from Any Non-State Source: CHAIRWOMAN WALLNER: Moving on to Tab 4. Would any one like to take either of those items off the Consent Calendar? Seeing no motion to take them off -- ** REP. OBER: Move to approve. JOINT LEGISLATIVE FISCAL COMMITTEE February 14, 2020 3 CHAIRWOMAN WALLNER: -- anything off? Representative Ober moves to approve Tab 4 -- SEN. D'ALLESANDRO: Second. CHAIRWOMAN WALLNER: -- Consent Calendar and Senator D'Allesandro seconds. All in favor? Opposed? Motion passes. *** {MOTION ADOPTED} (5) RSA 14:30-a, VI Fiscal Committee Approval Required for Acceptance and Expenditure of Funds Over $100,000 from Any Non-State Source and RSA 124:15 Positions Authorized: CHAIRWOMAN WALLNER: Tab 5. I know that there is a request to take off Item 20-029. So let's move -- let's move on Item 20-027, Health and Human Services. This is to accept $750,000 in Federal funds. ** CINDY ROSENWALD, State Senator, Senate District #13: Move to approve. CHAIRWOMAN WALLNER: Representative -- Senator Rosenwald moves. JAY KAHN, State Senator, Senate District #10: Second. CHAIRWOMAN WALLNER: And Senator Kahn seconds. All in favor? Opposed? The motion passes. *** {MOTION ADOPTED} CHAIRWOMAN WALLNER: Item 20-029. Representative Leishman. PETER LEISHMAN, State Representative, Hillsborough County, District #24: Thank you, Madam Chair. Again, I certainly appreciate the Department of Education continuing to bring this item forward and the additional information provided. What JOINT LEGISLATIVE FISCAL COMMITTEE February 14, 2020 4 struck me is that a suggestion that we had made or discussed about legislation to deal with this particular item. And as I think all of us on the Fiscal Committee learned yesterday or the day before, there has been a Senate Bill introduced, Senate Bill 747-FN, to deal and discuss this proposed acceptance of a federal grant for public charter schools. What struck me during the process was that three months ago the suggestion was made that legislation should be brought forward to handle this matter, and now we're seeing that the legislation, and, again, I -- I'm pleased to see that, but I kind of wish it had been brought forward three months ago. At the time, I did speak with Representative Weyler and said that I would be happy to go to the House Rules Committee to support such legislation, because we're dealing with a deadline. So with that being said, Madam Chair, I guess I have nothing else to say other than we should keep it on the table. REP. OBER: It's not on the table. CHAIRWOMAN WALLNER: It's not on the table. REP. LEISHMAN: Oh, I'm sorry. CHAIRWOMAN WALLNER: Is your motion to place this on the table? REP. LEISHMAN: Yes. If it's already on the table -- SEN.ROSENWALD: Second. CHAIRWOMAN WALLNER: Representative Leishman moved to place Item 20-029 -- CHUCK MORSE, State Senator, Senate District #22: Madam Chair, that's inappropriate. A tabling motion has no debate, and the Representative just spoke. I mean, I would think we get to JOINT LEGISLATIVE FISCAL COMMITTEE February 14, 2020 5 speak now because the challenge was the fact that we filed legislation. REP. LEISHMAN: That's fine, Madam Chair. CHAIRWOMAN WALLNER: Okay, fine. SEN. MORSE: I think that the frustration on my side was I sit on this Committee, and we're basically not having a public debate about this. We're just tabling it. And that's why that legislation was filed in the Senate and that hearing is this coming Tuesday. And I think it will be well attended, because people want to know why we're not accepting this money. CHAIRWOMAN WALLNER: Further discussion? KENNETH WEYLER, State Representative, Rockingham County, District #13: Yes. CHAIRWOMAN WALLNER: Yes, Representative Weyler. REP. WEYLER: I think it should be pointed out all the millions of dollars that are saved to the taxpayers by accepting this money. Not only is this federal money that we've all paid in, and we don't get the same share back from the Federal Government that we do pay in, but this is money that would continue to save the property taxpayers' money. And for us to ignore it and delay it is costing the taxpayers money. And I think it's the wrong thing to do. Charter schools have proven themselves. We should see an expansion of them. They deserve it. And to keep delaying this is the wrong thing to do. ** SEN. D'ALLESANDRO: I move to table. CHAIRWOMAN WALLNER: Senator D'Allesandro also moves to table and Representative Leishman seconds. REP. WEYLER: Request a roll call. JOINT LEGISLATIVE FISCAL COMMITTEE February 14, 2020 6 CHAIRWOMAN WALLNER: And Representative Weyler requests a roll call. I'll ask the clerk to call the roll. REP. WEYLER: Representative Leishman on the motion to table. REP. LEISHMAN: Yes. REP. WEYLER: Representative Ford. REP. FORD: Yes. REP. WEYLER: Representative Weyler votes no. Representative Ober. REP. OBER: No. REP. WEYLER: Representative -- let's see, who's next? Senator D'Allesandro. SEN. D'ALLESANDRO: Yes. REP. WEYLER: Senator Soucy. DONNA SOUCY, State Senator and Senate President, Senate District #18: Yes. REP. WEYLER: Senator Kahn. SEN. KAHN: Yes. REP. WEYLER: Senator Rosenwald. SEN. ROSENWALD: Yes. REP. WEYLER: Senator Morse. SEN. MORSE: No. JOINT LEGISLATIVE FISCAL COMMITTEE February 14, 2020 7 REP. WEYLER: The vote is seven Democrats to -- okay. Let's finish this. Representative Wallner. CHAIRWOMAN WALLNER: Yes. REP. WEYLER: The vote is seven Democrats to three Republicans. *** {MOTION TO TABLE ADOPTED} CHAIRWOMAN WALLNER: It's inappropriate to announce it by party. SEN. D'ALLESANDRO: Totally inappropriate. REP. WEYLER: That's the way it's been voting. SEN. D'ALLESANDRO: It's still inappropriate. (6) RSA 9:16-a, Transfers Authorized, and RSA 14:30-a, VI Fiscal Committee Approval Required for Acceptance and Expenditure of Funds Over $100,000 from any Non-State Source, and Chapter 346:223, Laws of 2019, Transfer of Funds for Operation of the Sununu Youth Services Center: CHAIRWOMAN WALLNER: Let's continue on with our agenda. And now we're on Tab number 6. This is approval for transfer of the Department of Health and Human Services. And I know there are many questions about this item. So I'll ask Miss Rounds. Thank you. KERRIN ROUNDS, Chief Financial Officer, Department of Health and Human Services: Good morning. Kerrin Rounds, only Chief Financial Officer with the Department of Health and Human Services. JOINT LEGISLATIVE FISCAL COMMITTEE February 14, 2020 8 CHAIRWOMAN WALLNER: Thank you for coming up. I know there are several questions about this item. And I'm going to call on -- start with Representative -- Senator Rosenwald. SEN. ROSENWALD: Thank you, Madam Chair. Kerrin, my questions, a lot of them have to do -- sorry, Miss Rounds -- have to do with the fact that there hasn't been a new Dashboard for several months. I think November was the last. So as I read the narrative, my first question, and if we look at your explanation narrative, which it starts a couple pages into the item on DCYF, this is a large transfer out of DCYF. It's not clear where it's going. MS. ROUNDS: Hm-hum. SEN. ROSENWALD: But it is 60% of the General Funds that were appropriated in the Senate Bill 6, not delayed by the budget veto and the late enactment. So I'm wondering two things. One, where is that 3.4 million going? And of the 113 new positions funded in Senate Bill 6, how many are filled? Why are there vacancies? MS. ROUNDS: Sure. So, first -- that's a lot of questions. I'm going to start with Senate Bill 6.